"The matter of fees is important, far beyond the mere question of bread

and butter involved. Properly attended to, fuller justice is done to

both lawyer and client. An exorbitant fee should never be claimed. As

a general rule, never take your whole fee in advance, nor any more

than a small retainer. When fully paid beforehand, you are more than

a common mortal if you can feel the same interest in the case as if

something was still in prospect for you as well as for your client. And

when you lack interest in the case the job will very likely lack skill

and diligence in the performance. Settle the amount of fee and take a

note in advance. Then you will feel that you are working for something,

and you are sure to do your work faithfully and well. Never sell a fee

note,--at least not before the consideration service is performed. It

leads to negligence and dishonesty,--negligence by losing interest in

the case, and dishonesty in refusing to refund when you have allowed the

consideration to fail."

If a client was poor he charged him accordingly, and if he was unable to

pay asked nothing for his services. It was one of his theories that a

lawyer, like a minister of the Gospel or a physician, was in duty bound

to render service whenever called upon, regardless of the prospects

of compensation, and in several cases he offered his services without

compensation to people who had suffered injustice and were unable to

pay. As a rule, his fees were less than those of other lawyers of his

circuit. Justice Davis once remonstrated with him, and insisted that he

was doing a grave injustice to his associates at the bar by charging so

little for his services. From 1850 to 1860 his income varied from two

to three thousand dollars, and even when he was recognized as one of

the ablest lawyers of the State his fee-book frequently shows charges

of three dollars, five dollars, and one dollar for advice, although he

never went into court for less than ten dollars. During that period

he was at the height of his power and popularity, and lawyers of less

standing and talent charged several times those amounts. But avarice

was the least of his faults.

While he was President a certain Senator was charged with an attempt

to swindle the government out of some millions. Discussing the scandal

one day with some friends, he remarked that he could not understand why

men should be so eager after wealth. "Wealth," said he, "is simply a

superfluity of what we don't need."

An examination of the dockets of the Illinois Supreme Court shows that

during a period of twenty years, beginning with 1840 and ending with his

election to the Presidency, he had nearly one hundred cases before that

court, which is an unusual record and has been surpassed by few lawyers

in the history of the State and by none of his contemporaries. It was

declared, in an oration delivered by one of his associates, that "In his

career as a lawyer he traversed a wide range of territory, attended many

courts and had a variety of cases, and in all his conflicts at the bar

he was successful in every case where he ought to have been."

When he went to Washington to become President his debts were entirely

paid and he was worth about ten thousand dollars in real estate and

other property.

[Illustration: Copyright, 1900, by McClure, Phillips & Co.

ABRAHAM LINCOLN IN THE SUMMER OF 1860

From a negative taken for M. C. Tuttle, of St. Paul, Minnesota, for

local use in the presidential campaign]

A singular story is told of a case in which a good many prominent men

were involved besides Lincoln. Abraham Brokaw, of Bloomington, loaned

five hundred dollars to one of his neighbors and took a note, which

remained unpaid. Action was brought, the sheriff levied on the property

of the debtor and collected the entire amount, but neglected to turn the

proceeds over. Brokaw employed Stephen A. Douglas, who collected the

amount from the bondsman of the sheriff, but returned to his seat in the

Senate at Washington without making a settlement. Like some other great

men, Douglas was very careless about money matters, and, after appealing

to him again and again, Brokaw employed David Davis to bring suit

against the Senator. Being an intimate friend and fellow-Democrat,

Davis disliked to appear in the case, and by his advice Brokaw engaged

the services of Lincoln. The latter wrote to Douglas at Washington

that he had a claim against him for collection and must insist upon

prompt payment. Douglas became very indignant and reproached Brokaw for

placing such a political weapon in the hands of an abolitionist. Brokaw

sent Douglas's letter to Lincoln, and the latter employed "Long John"

Wentworth, then a Democratic member of Congress from Chicago, as an

associate in the case. Wentworth saw Douglas, persuaded him to pay the

money, and forwarded five hundred dollars to Lincoln, who, in turn, paid

it to Brokaw and sent him a bill of three dollars and fifty cents for

professional services.

Lincoln's greatest legal triumph was the acquittal of an old neighbor

named Duff Armstrong, who was charged with murder, and several witnesses

testified that they saw the accused commit the deed one night about

eleven o'clock. Lincoln attempted no cross-examination, except to

persuade them to reiterate their statements and to explain that they

were able to see the act distinctly because of the bright moonlight.

By several of the prosecuting witnesses he proved the exact position

and size of the moon at the time of the murder. The prosecution there

rested, and Lincoln, addressing the court and the jury, announced that

he had no defence to submit except an almanac, which would show that

there was no moon on that night. The State's attorney was paralyzed, but

the court admitted the almanac as competent testimony, and every witness

was completely impeached and convicted of perjury. The verdict was not

guilty.

One of the most important cases in which Lincoln was ever engaged

involved the ownership of a patent for the reaping machines manufactured

by Cyrus H. McCormick, of Chicago, who sued John Manny, of Rockford,

for infringement. McCormick was represented by E. N. Dickerson and

Reverdy Johnson. Manny was represented by Edwin M. Stanton, who

was afterwards Lincoln's Secretary of War; Peter H. Watson, who

was afterwards Assistant Secretary of War; and George Harding, of

Philadelphia. The case was tried in Cincinnati, and, to his intense

disappointment and chagrin, Lincoln was not allowed to make an argument

he had prepared because the court would not permit four arguments on

one side and only two on the other. Lincoln was extremely anxious to

meet in debate Reverdy Johnson, of Baltimore, who was then regarded by

many as the leader of the American bar; but he accepted the situation

gracefully though regretfully, watched the case closely as it proceeded,

took careful notes which he furnished Mr. Harding, and gave the latter

the benefit of his written argument, but requested him not to show it to

Mr. Stanton. There is no doubt that he felt that Mr. Stanton had been

guilty of professional discourtesy in refusing to insist that the court

hear Lincoln as well as himself, believing that this concession would

have been granted if the demand had been pressed, or if Mr. Stanton had

proposed that the time allowed for argument be divided. Mr. Stanton was

not unaware of Lincoln's wishes, for they were fully explained to him by

Mr. Harding, who urged him to give Lincoln an opportunity to speak, but,

being the senior counsel in the case, he assigned Mr. Harding, who was a

patent expert, to submit the technical side of the case, and assumed the

entire responsibility of making the legal argument himself.

This incident is particularly interesting in connection with the future

relations between the two men, and it is certain that Lincoln was

profoundly impressed with Mr. Stanton's ability in the presentation of

his case. The matter was never alluded to by either during their long

and intimate association at Washington. A young lawyer from Rockford who

had studied with Lincoln was in Cincinnati at the time and attended the

trial. When the court adjourned after Stanton's argument they walked

together to their hotel. Mr. Emerson says that Lincoln seemed dejected,

and, turning to him suddenly, exclaimed in an impulsive manner,--

"Emerson, I am going home to study law."

"'Why,' I exclaimed, 'Mr. Lincoln, you stand at the head of the bar in

Illinois now! What are you talking about?'

"'Ah, yes,' he said, 'I do occupy a good position there, and I think

I can get along with the way things are done there now. But these

college-trained men, who have devoted their whole lives to study, are

coming West, don't you see? And they study their cases as we never

do. They have got as far as Cincinnati now. They will soon be in

Illinois.' Another long pause; then stopping and turning towards me, his

countenance suddenly assuming that look of strong determination which

those who knew him best sometimes saw upon his face, he exclaimed, 'I am

going home to study law! I am as good as any of them, and when they get

out to Illinois I will be ready for them.'"

While Mr. Lincoln was not a sensitive man in the ordinary sense of that

term, he felt keenly his own deficiencies in education; nor did he lose

this feeling when his ability as a statesman was recognized by the

entire universe and he held the destiny of a nation in his grasp. Once,

when a famous lawyer called at the White House and referred courteously

to his eminent position at the bar, he replied, "Oh, I am only a

mast-fed lawyer," referring to his limited education. "Mast" is a kind

of food composed of acorns, grass, and similar natural substances which

was commonly given to cattle and hogs in Indiana and other frontier

States when he was a boy.

Conscious of his deficiencies, he never ceased to be a student. Until

the very day of his death he was eager to acquire knowledge, and no new

subject was ever presented to him without exciting his inquisitiveness

and determination to learn all there was to know about it. Of this

characteristic he once remarked to a friend,--

"In the course of my law reading I constantly came upon the word

demonstrate--I thought at first that I understood its meaning, but soon

became satisfied that I did not. I consulted Webster's Dictionary. That

told of certain proof, 'proof beyond the probability of doubt;' but I

could form no sort of idea what sort of proof that was.

"I consulted all the dictionaries and books of reference I could find,

but with no better results. You might as well have defined blue to a

blind man. At last I said, 'Lincoln, you can never make a lawyer if you

do not understand what demonstrate means;' and I left my situation in

Springfield, went home to my father's house, and stayed there until I

could give any proposition in the six books of Euclid at sight. I then

found out what demonstrate meant, and went back to my law studies."

He met every new question with the same disposition, and nobody

ever knew better how to dig for the root of a subject than he. When

his children began to go to school, he used to study with them, and

frequently referred to the many interesting points of information and

the valuable knowledge he acquired in that way. The lawyers who were

associated with him upon the circuit relate how often he was accustomed

to pull a book from his pocket whenever he had an idle moment, and it

was quite as frequently a treatise on astronomy or engineering or a

medical lecture as a collection of poems or speeches.

But, with all his modesty and diffidence, he never hesitated to meet

with confidence the most formidable opponent at the bar or on the stump,

and frequently, when reading accounts of litigation in which famous

lawyers were engaged, he would express a wish that he might some time

"tackle" them in a court-room. He once said that in all his practice at

the bar he had never been surprised by the strength of the testimony or

the arguments of his adversary, and usually found them weaker than he

feared. This was due to a habit he acquired early in his practice of

studying the opposite side of every disputed question in every law case

and every political issue quite as carefully as his own side. When he

had an important case on hand he was accustomed to withdraw himself into

a room where he would not be disturbed, or, what he liked better, to

get out into the fields or the woods around Springfield where there was

nothing to distract his thoughts, in order to "argue it out in my own

mind," as he put it; and when he returned to his house or his office he

would usually have a clear conception of his case and have formed his

plan of action.

He argued great causes in which principles were involved with all the

zeal and earnestness that a righteous soul could feel. Trifling causes

he dismissed with the ridicule in which he was unsurpassed, and his

associates relate many incidents when a verdict was rendered in a gale

of laughter because of the droll tactics used by Lincoln. He never

depended upon technicalities or the tricks of the profession. He never

attempted to throw obstacles in the way of justice, or to gain an

unfair advantage of his adversaries, but was capable of executing legal

manooeuvres with as much skill as any of his rivals. He adapted himself

to circumstances with remarkable ease, and his thorough knowledge of

human nature enabled him to excite the interest and sympathy of a jury

by getting very close to their hearts. He argued much from analogy; he

used old-fashioned words and homely phrases which were familiar to the

jurymen he desired to impress, and illustrated his points by stories,

maxims, and figures often droll and sometimes vulgar, because he knew

that he could make it plainer to them in that way and that they would

better understand the force and bearing of his arguments. He relied more

upon this method of convincing a jury than upon exhibitions of learning

or flights of eloquence, and his acquaintance with human nature was even

more intimate than his knowledge of the law.

Few of his speeches at the bar have been preserved, but his

contemporaries have left us many interesting reminiscences of his

originality and power. His ungainly form and awkward gesticulations

enhanced the force of his arguments and attracted the attention and

sympathy of a country jury more than the most graceful manners and

elegant rhetoric could have done. It was always his rule, in presenting

a case, to cut out all of the "dead wood" and get down to "hard pan,"

as he called it, as soon as possible. In making such concessions he

would establish a position of fairness and honesty, and often disarmed

his opponent by leaving the impression that he had accidentally "given

away his case." Then he would rely upon his remarkable habit of order

and command of logic to bring his evidence forward in a clear and strong

light, keeping unnecessary details away from the attention of the

jury and pressing only the essential points with which he expected to

convince them. Sometimes, when his opponent seemed to have captured a

verdict, he would abandon his serious argument and begin to tell stories

one after another with more or less application, until by such diversion

he had effaced from the minds of the jury every impression that the

other side had made.

Justice Lawrence Weldon, of the United States Court of Claims, in his

reminiscences says, "One of the most interesting incidents in my early

acquaintance with Mr. Lincoln was a lawsuit in which Mr. Lincoln was

counsel for the plaintiff and I was counsel for the defendant. Even

then, in a trial that was the sensation of an obscure village on the

prairies, Mr. Lincoln showed that supreme sense of justice to God and

his fellow-men.

"It was a family quarrel between two brothers-in-law, Jack Dungee and

Joe Spencer. Dungee was a Portuguese, extremely dark-complexioned, but

not a bad-looking fellow; and after a time he married Spencer's sister,

with the approval of Spencer's family. I don't remember the origin of

the quarrel, but it became bitter; and the last straw was laid on when

Spencer called Dungee a 'nigger' and followed it up, they say, by adding

'a nigger married to a white woman.' The statute of Illinois made it

a crime for a negro to marry a white woman, and, because of that, the

words were slanderous. Dungee, through Mr. Lincoln, brought the suit for

slander. Judge David Davis was on the bench, and the suit was brought in

the De Witt Circuit Court. When the case came up, Mr. Moore and myself

appeared for the defence and demurred to the declaration, which, to

the annoyance of Mr. Lincoln, the court sustained. Whatever interest

Mr. Lincoln took in the case before that time, his professional pride

was aroused by the fact that the court had decided that his papers

were deficient. Looking across the trial table at Moore and myself and

shaking his long, bony finger, he said, 'Now, by jing, I will beat you

boys!'

"At the next term of the court Mr. Lincoln appeared with his papers

amended, and fully determined to make good his promise to 'beat the

boys!' and we thought his chances pretty good to do it, too. We knew our

man was a fool not to have settled it, but still we were bound to defend

and clear him if we could.

"In the argument of the case on the testimony Mr. Lincoln made a most

powerful and remarkable speech, abounding in wit, logic, and eloquence

of the highest order. His thoughts were clothed in the simplest garb of

expression and in words understood by every juror in the box. After

the instructions were given by the court the jury retired, and in a few

moments returned with a judgment for the plaintiff, in a sum which was a

large amount for those days.

"Mr. Lincoln's advice to his client was that Dungee agree to remit

the whole judgment, by Spencer paying the costs of the suit and Mr.

Lincoln's fee. Mr. Lincoln then proposed to leave the amount of his

fee to Moore and myself. We protested against this, and insisted that

Mr. Lincoln should fix the amount of his own fee. After a few moments'

thought he said, 'Well, gentlemen, don't you think I have honestly

earned twenty-five dollars?' We were astonished, and had he said one

hundred dollars it would have been what we expected. The judgment was

a large one for those days; he had attended the case at two terms of

court, had been engaged for two days in a hotly contested suit, and his

client's adversary was going to pay the bill. The simplicity of Mr.

Lincoln's character in money matters is well illustrated by the fact

that for all this he charged twenty-five dollars."

Justice David Davis, of the Supreme Court of the United States, said,

"In all the elements that constitute the great lawyer he had few equals.

He was great both at _nisi prius_ and before an appellate tribunal. He

seized the strong points of a cause and presented them with clearness

and great compactness. His mind was logical and direct, and he did

not indulge in extraneous discussion. Generalities and platitudes had

no charms for him. An unfailing vein of humor never deserted him; and

he was able to claim the attention of court and jury, when the cause

was the most uninteresting, by the appropriateness of his anecdotes.

His power of comparison was large, and he rarely failed in a legal

discussion to use that mode of reasoning. The framework of his mental

and moral being was honesty, and a wrong cause was poorly defended by

him. He hated wrong and oppression everywhere, and many a man whose

fraudulent conduct was undergoing review in a court of justice has

writhed under his terrific indignation and rebukes. The people where

he practised law were not rich, and his charges were always small.

When he was elected President, I question whether there was a lawyer

in the circuit, who had been at the bar so long a time, whose means

were not larger. It did not seem to be one of the purposes of his life

to accumulate a fortune. In fact, outside of his profession, he had no

knowledge of the way to make money, and he never even attempted it."

Lincoln was associated at the Springfield bar with many famous men,

and there was a keen rivalry among them. Stephen A. Douglas, David

Davis, James Shields, Edward D. Baker, John M. Palmer, Lyman Trumbull,

Oliver H. Browning, Shelby M. Cullom, and others afterwards sat in the

United States Senate and some of them held positions in the Cabinets

of Presidents. Others were afterwards Governors of States and members

of the House of Representatives; others led armies during the war with

Mexico and the war between the States. One of the strongest groups of

men that ever gathered at the capital of a State was to be found in

Springfield in those days, and Lincoln was their equal in ability and

learning and the superior of many of them in the qualities that make

a statesman. They recognized him as their superior on many occasions,

and whether or not he was the ablest lawyer on the circuit, there was

never any doubt that he was the most popular. He was always a great

favorite with the younger members of the bar because of his sympathy

and good-nature. He never used the arts of a demagogue; he was never a

toady; he was always ready to do an act of kindness; he was generous

with his mind and with his purse; although he never asked for help, was

always ready to give it; and while he received everybody's confidence,

he rarely gave his own in return. Whatever his cares and anxieties may

have been, he never inflicted them upon others; he never wounded by his

wit; his humor was never harsh or rude; he endeavored to lighten the

labors and the cares of others, and beneath his awkward manner was a

gentle refinement and an amiable disposition.

For twenty-five years he practised at the Springfield bar. He was not

a great lawyer according to the standard of his profession, but the

testimony of his associates is that he was a good one, enjoying the

confidence of the judiciary, the bar, and the public to a remarkable

degree. He was conspicuous for several honorable traits, and, above

all, for that sense of moral responsibility that can always distinguish

between duty to a client and duty to society and the truth. On the

wrong side of a case he was always weak, and, realizing this, he often

persuaded his clients to give up litigation rather than compel him to

argue against truth and justice.

Leonard Swett, of Chicago, for years an intimate associate, and himself

one of the most famous of American lawyers, says that, "sometimes, after

Lincoln entered upon a criminal case, the conviction that his client was

guilty would affect him with a sort of panic. On one occasion he turned

suddenly to his associate and said, 'Swett, the man is guilty; you

defend him, I can't,' and so gave up his share of a large fee.

"At another time, when he was engaged with Judge S. C. Parks in

defending a man accused of larceny, he said, 'If you can say anything

for the man, do it, I can't; if I attempt it, the jury will see I think

he is guilty, and convict him.'

"Once he was prosecuting a civil suit, in the course of which evidence

was introduced showing that his client was attempting a fraud. Lincoln

rose and went to his hotel in deep disgust. The judge sent for him; he

refused to come. 'Tell the judge,' he said, 'my hands are dirty; I came

over to wash them.' We are aware that these stories detract something

from the character of the lawyer; but this inflexible, inconvenient, and

fastidious morality was to be of vast service afterwards to his country

and to the world. The fact is that, with all his stories and jests, his

frank companionable humor, his gift of easy accessibility and welcome,

he was a man of grave and serious temper and of unusual innate dignity

and reserve. He had few or no special intimates, and there was a line

beyond which no one ever thought of passing."

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